Category: interest rates

How the Banks Literally "Made" Money Out of Nothing

For the last few weeks I have been harping on the concepts of holder in due course, holder with rights of enforcement, and holder. They are all different. The challenge in court is to get them treated as different in Court as they are in the statutes. The Banks knew through their attorneys that the worst paper in the world could be turned into real value if they could dress up junk paper and sell it to an unsuspecting innocent third party. They did it with junk bonds, and then they did it again when they created a strategy of

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Modifications: Interest reduction, Principal reduction, Payment reduction, and Term increase

In the financial world we don’t measure just the amount of principal. For example if I increased your mortgage principal by $100,000 and gave you 100 years to pay without interest it would be nearly equivalent to zero principal too (especially factoring in inflation). A reduction in the interest rate has an effect on the overall amount of money due from the borrower if (and this is an important if) the borrower is given 40 years to pay AND they intend to live in the house for that period of time. To the borrower the reduction in interest rate and

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New Bank Strategy: There was no securitization — IRS AMNESTY FOR REMICs

Reported figures on the financial statements of the “13 banks” that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out to bogus mortgage bonds. So the odds are that no matter what the appearance is, the loan went through the hands of an investment banker who sold “bonds” to investors in order to originate or acquire mortgages. This includes Fannie, Freddie, Ginny, and VA. The

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Student Loans Are The Next Major Crack in Our Finance

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Disclosure to Student Borrowers: www.nytimes.com/2012/04/08/opinion/sunday/disclosure-to-student-borrowers.html?_r=1&ref=todayspaper Editor’s Comment:  “We have created a world of finance in which it is more lucrative to lose money and get paid by the government, than to make money and contribute to society.  In the Soviet Union the government ostensibly owned everything; in America the government is a vehicle for the banks to own everything.”—Neil F Garfield LivingLies.me While the story below is far too kind to both Dimon and JPMorgan, it hits the bulls-eye on the current trends. And if we

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REad This: Now We are Getting Down to Business

My only comment is that this is an excellent piece of reporting by Bernstein and Eisinger at ProPublica that should be read and used as the basis for understanding what is going into your legal memorandums across the country. GREAT JOB!! 2010/08/29 at 1:52 am The Wall Street Money Machine Banks’ Self-Dealing Super-Charged Financial Crisis by Jake Bernstein and Jesse Eisinger ProPublica, Aug. 26, 10:09 p.m. Over the last two years of the housing bubble, Wall Street bankers perpetrated one of the greatest episodes of self-dealing in financial history. Faced with increasing difficulty in selling the mortgage-backed securities that had

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CLASS ACTION SUIT INVOLVING MORTGAGE BACKED SECURITIES OF WELLS FARGO & JP MORGAN ACCEPTANCE CORPORATION

SOMEBODY SEND ME THE COMPLAINT PLEASE —> NGARFIELD@MSN.COM Registration Statements omitted and/or misrepresented the fact that the sellers of the underlying mortgages to JP Morgan Acceptance were issuing many of the mortgage loans to borrowers who: (i) did not meet the prudent or maximum debt-to-income ratio purportedly required by the lender; (ii) did not provide adequate documentation to support the income and assets required for the lenders to approve and fund the mortgage loans pursuant to the lenders’ own guidelines; (iii) were steered to stated income/asset and low documentation mortgage loans by lenders, lenders’ correspondents or lenders’ agents, such as

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MERS, POOLING AND SERVICING AGREEMENT, ACCOUNTING….GREAT , NOW WHAT?

SUBMITTED BY M SOLIMAN EDITOR’S NOTE: Soliman brings out some interesting and important issues in his dialogue with Raja. The gist of what he is saying about sales accounting runs to the core of how you disprove the allegations of your opposition. In a nutshell and somewhat oversimplified: If they were the lender then their balance sheet should show it. If they are not the lender then it shows up on their income statement. Now of course companies don’t report individual loans on their financial statements, so you need to force discovery and ask for the ledger entries that were

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Student Loans Non-Dischargeable? — NOT SO FAST

If the government guarantee was waived in whole or in part, which I am sure is the case, then the rationale for non-dischargeability disappears. So I am suggesting that the assumption that the student loan is non-dischargeable should be challenged based upon the individual facts of your student loan. If it was securitized and it most likely was, then the party seeking to enforce the debt must prove that the government guarantee still applies. Otherwise it should be treated like any other unsecured debt. —————————- Editor’s comment: Fact: Nearly all finance was securitized and still is. Ron Lieber talks below

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The Importance of Discovery and Motion Practice

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity of the creditor(s). The secondary question is what is owed on my obligation — not how much did I pay the servicer. It might seem like a subtle distinction but it runs to the heart of the burden of proof. You can do all the

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Tax Apocalypse for States and Federal Government Can be Reversed: Show Me the Money!

SEE states-look-beyond-borders-to-collect-owed-taxes states-ignore-obvious-remedy-to-fiscal-meltdown tax-impact-of-principal-reduction accounting-for-damages-madoff-ruling-may-affect-homeowner-claims taxing-wall-street-down-to-size-litigation-guidelines taking-aim-at-bonuses-based-on-23-7-trillion-in-taxpayer-gifts payback-timemany-see-the-vat-option-as-a-cure-for-deficits As we have repeatedly stated on this blog, the trigger for the huge deficits was the housing nightmare conjured up for us by Wall Street. Banks made trillions of dollars in profits that were never taxed. The tax laws are already in place. Everyone is paying taxes, why are they not paying taxes? If they did, a substantial portion of the deficits would vanish. Each day we let the bankers control our state executives and legislators, we fall deeper and deeper in debt, we lose more social services and it endangers our

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Man Sends Message to Banks-Bulldozes $350k House

 Sending Banks a Message – Cincinnati OH  – Click Here to View Video “The average homeowner that can’t afford an attorney or can fight as long as we have, they don’t stand a chance,” he said. Hoskins said he’d gotten a $170,000 offer from someone to pay off the house, but the bank refused, saying they could get more from selling it in foreclosure.   Hoskins told News 5’s Courtis Fuller that he issued the bank an ultimatum.  “I’ll tear it down before I let you take it,” Hoskins told them. And that’s exactly what Hoskins did. Editors Note – The borrower actually had equity

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The Elephant in the Room – Well One of Many…

By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare we are of the belief that there is simply “not enough money in the world to solve this problem.” Fannie Mae’s (FNM) 8k has an interesting slide of their questionable assets in the supplement. It can be found below along with the complete 2009 Second Quarter filing. The report describes

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Wells Fargo Steps on A Rake (We Hope) — EGGS — a New Country

And when that rakes hits them in the head, it will hopefully start a domino effect with the rest of the pretender lenders. OH Sup Ct – Wells Fargo Appeal WF has decided to go for the brass ring by bringing an appeal from a case they lost. What they are saying to the Ohio Supreme Court is that if the borrower doesn’t raise the issue of “who owns the loan” early enough, they have waived it. They are also saying that when they finally record the assignment documents should have no effect on who can enforce the note and

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NY Times: State Revenues Buffeted by Downturn — Turning a Blind Eye to Tax Collection

EDITOR’S NOTE: It might seem unrelated, but the foreclosure crisis is very much related to BOTH the state budget problems and solutions. While Wall Street tinkered with real property in each state, making unrecorded transfers at huge profits, state Treasurers and county revenue departments have sat idly by watching tens of billions of dollars in uncollected income taxes, recording fees, fines and penalties go uncollected.  A simple look at the transactions shows that virtually ALL securitized loans were in fact securities transactions commencing with a transaction deceptively sold and executed within the borders of the state and involving real property

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QUANTS — The Guys Behind the Guise

it follows that the investors are the ONLY parties with standing to make any claim on the mortgage, note or obligation. But they won’t make that claim because of the exposure to risk that could leave them with even more loss than the current loss on their investment. This leaves trillions of dollars in unclaimed proceeds. The question is who should get it. Obviously it was the financially sophisticated intermediaries who were able to step in and bluff the court system and recording offices into accepting fraudulent, fabricated and forged documentation. 98% of the foreclosures end up with these intermediaries

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World Savings Knew It was Acting Illegally and Committing Fraud

main4801309.shtml Editor’s Note: They all knew. It’s up to you to stand up and challenge them to prove the basic assertions — even the sending of a monthly statement is potentially an act of fraud since neither the servicer nor the party with whom they entered into the Pooling and Service Agreement had or have any authroity to continue.

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California: Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer !

Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a modification. Lenders who originate and service loans know California offers a “safe haven” from homeowners disputes in a foreclosure. That means overwhelming odds for anyone in foreclosure who 1) loses their home in a foreclosure and 2) must respond to an unlawful detainer after their

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More Banks failing: Title Chain Gets Cloudier

Three U.S. Banks Shut by Regulators as Financial Crisis Deepens Email | Print | A A A   By Margaret Chadbourn and Ari Levy Feb. 7 (Bloomberg) — Three banks, two in California and one in Georgia, were seized by regulators, bringing this year’s tally of closings to nine as a recession and record foreclosures extend the biggest financial crisis in more than 70 years. County Bank of Merced, California, with deposits of $1.3 billion and assets of $1.7 billion, was shut yesterday by the state’s Department of Financial Institutions, according to an e-mailed statement from the Federal Deposit Insurance

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Let's Hear It For Sherriff Evans: Federal bailout act protections preempt State foreclosure

The only thing necessary for evil to triumph is for good men to do nothing -Edmund Burke Release Date: February 2, 2009 Contact: Ofc. John Roach, 313-224-0615 Evans halts sale of foreclosed homes o Sheriff says move is necessary to ensure homeowners´ rights o Federal bailout act protections preempt State foreclosure law, Evans says DETROIT, Michigan – Sheriff Warren Evans announced today that he is stopping all mortgage foreclosure sales handled through his office and urged other Michigan sheriffs to take similar action. Evans said a thorough review of federal law has determined that to continue foreclosure sales would conflict with

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Those $18 billion in bonuses were earned from hidden profits: The Joke is on Us

Obama is of course correct in his outrage. Taking hundreds of billions of dollars from the taxpayers to cover the appearances of catastrophic losses and then paying bonuses for good management is over the top by any standards. But neither he nor the media is correct in assuming that that the bonuses were not in fact earned by the people who defrauded us in the first place with the mortgage meltdown. Those bonuses were paid BECAUSE PROFIT WAS GENERATED even if it wasn’t completely reported. Nobody seems to get it — the key acronym is OPM (other people’s money). Wall

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"System is Broken" — there is no clear title and no clear answers, which is why most foreclosure actions should fail or be reversed

Mortgage market clouds who owns woman’s house Submitted by Jose Semedey — Thank You By CARRIE TEEGARDIN The Atlanta Journal-Constitution Sunday, January 25, 2009 Twenty years ago, Zella Mae Green bought a modest brick ranch house in DeKalb County with an American ideal in mind. The single mother of four, who raised her children working low-wage jobs, wanted to own something someday. And she wanted to pass something on. “I was thinking that if anything would ever happen to me, the children would have a place they could come and stay,” said Green, a seamstress who is 68. “Their father

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WHY WALL STREET ALWAYS BLOWS IT (and where the money went)

Atlantic Article Submitted by multiple readers, I read this as soon as my issue was delivered. It’s true. And to add insult to injury, the answer to the question on everyone’s mind: Where did the money go? $350 billion disappeared down a black hole. The banks and investment banks got the money under the presumption that they would start lending again and they didn’t because neither congress nor Bush made that a condition to receipt. The money is sitting in “contingency accounts” basically off balance sheet or with a corresponding liability producing zero effect on the balance sheet and obviously

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Appraisal Fraud and Industry Standards Described in 2003 Official White Paper-RED FLAGS DESCRIBED IN DETAIL WITH EXCELLENT DIAGRAMS EXPLANATIONS AND DESCRIPTIONS OF BEST PRACTICES

loan_origination_mortgage_fraud_ffiec loan_origination_mortgage_fraud_prevention_response_nelson Red Flags • Critical loan processing activities, such as  verification of income, employment, or deposit, is delegated to brokers. • Delegated underwriting allowed for correspondents that are new or lack an established track record with the FI. • A growing number of loans is being repurchased due to misrepresentations by the FI under purchase and sale agreements with secondary market investors.  The originating FI may suffer significant financial losses in the event of a large and unforeseen fraud. • Third party mortgage loan fraud is not covered in standard fidelity bond insurance. • Tax returns show RE taxes

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FIGURING OUT THE ECONOMICS OF OUR AMERICAN MELTDOWN FRAUD

Gump59 – Why buy performing mortgages? If they are producing income for their owners, why wouldn’t they be held onto? > ANSWER: You’d buy a performing mortgage if you thought that you were buying it at a bargain, guaranteed with Triple AAA rating. If you buy a mortgage note that has a principal balance due of $500,000 and the stated interest rate is 6% you are expecting $30,000 in income. But if you think you are buying it for $250,000, and still getting $30,000 per year, then you are getting 12% plus a $250,000 bonus (when the note gets paid

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